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HomeMy WebLinkAboutMEETING MINUTES - 4th E & Barney Dairy Rd - Rezone from HBD & MDR to HDRCITY OF REXBURG PLANNING AND ZONING MINUTES April 03, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley Jordan Dyer - Excused David Stein Joseph Laird - Excused P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. Winston Dyer — Excused Robert and Joseph from the meeting. ConsentAgenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. a. Minutes from the March 20, 2003 meeting David Stein moved to approve the consent agenda, Doug Smith seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda Winston Dyer — Mentioned that the City Council passed the Annexation Ordinance 887 last night. There were some incentives offered to the residents to connect before October 31, 2004. Winston commented on a letter from Lee Dexter concerning the recent annexation. Lee was not in favor of the annexation law for the State of Idaho. Mary Haley — Reviewed the number of units in each building. There are four units in each building. David Stein moved to send this proposal to a public hearing; Steve McGary seconded the motion; all voted aye, none opposed. The motion carried. Rezone request from (LI) to HBD - Bagley Enterprises - West of 0500 Mechanics Off Trejo Street - Terry Bagley Terry Bagley — 423 South Yale Ave — Reviewed the proposal on the overhead screen. He reviewed the growth around his property in the past two years. They have had requests from people to develop the property into medical, dental, attorney, real estate, title and professional office space. There are 2.44 acres in the proposal. Steve McGary — Reviewed the location and size of the property in this request. The property joins the Melaleuca property on the West. Discussion on the proposal and the need to tie into the existing Trejo Street. Trejo Street will have a controlled railroad crossing. Discussion on the 6 inch strip of property owned by another party that separates this property from Trejo Street. Winston indicated that the question before the Commission is if this request should go before a public hearing. Kurt Hibbert — Reminded the Commissioners of the need to replace any Light Industrial property with new Light Industrial property as these re -zone requests are shrinking the Light Industrial Zones. Ted whyte — Declared a conflict with this proposal because he owns property across the street from this development. Terry Bagley — Continued to discuss the proposal on developing part of the property for Highway Business District and the remaining property as Light Industrial. Terry indicated that some of this property could be developed into warehouse/manufacturing buildings. Jerry Hastings moved to send this request to a public hearing; Mary Haley seconded the motion; all voted aye, none opposed. The motion carried. Rezone request from (MDR/HBD) to HDR — 4"' East & Barney Dairy Rd — Tom O'Toole Winston Dyer — Declared a conflict with this proposal and stepped away from the table. Ted Whyte — Took control of the meeting and reviewed the proposal on the overhead screen. Tom O' Toole — 2270 Canyon View Drive, Layton Utah — Passed out an overhead picture of the property. He also reviewed the proposal on the overhead screen. Tom discussed the 5 location of the property. They plan to leave 1.6 acres of the property as HBD zoning for medical offices. Tom passed out architectural drawings of proposed apartment buildings. They need 26 units per acre in some portions of the development. It will be constructed for married student housing. They are planning to have underground parking (one parking stall per unit) for this development. The rent will be on the upper end of the rental unit price range. There is a 16 -inch water line easement for a water line on the property with the City of Rexburg. Kurt Hibbert — Indicated that this proposal is in compliance with the Comprehensive Plan. Mike Ricks moved to send this proposal to a public hearing; Doug Smith seconded the motion; All voted aye, none opposed. The motion carried. Winston Dyer — Rejoined the Commissioners at the table. Unfinished/Old Business: Work Meeting on the Comprehensive Plan and Zoning (Seeking involvement of the residents for public input) Comprehensive Plan — The Commissioners discussed how to get public input on the proposed changes to the Comprehensive Plan. Discussion on the past program fostered by the City to obtain public input for a Comprehensive Plan Change. University Internships would be a possible resource for this project. Kent Marlor would be a possible contact for the Planning Commission with the University. Steve McGary will approach the Internship Office with this proposal. Winston recommended having input back to the Commission on this proposal at the next meeting. Mary Haley and Steve McGary will present a plan to the Commission at the next Planning and Zoning meeting. This plan will indicate how to proceed with obtaining public input on the proposed changes to the Comprehensive Plan. Planning and Zoning Ordinance — The Commission discussed incorporating the Subdivision Ordinance into the Planning and Zoning Ordinance. The University Ordinance should also be included in the Planning and Zoning Ordinance. The new Planning and Zoning Ordinance will have Chapters and Sections to display the Ordinance information. Subdivision Ordinance — Subdivision Ordinance assignments need to be given to all the Commissioners. The Commissioners need to read the Ordinance and report on it at the next meeting. There will be an agenda item for this process. Tabled Items: None Adjourned 2 CITY OF REXBURG PLANNING AND ZONING MINUTES May 1, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte Mike Ricks Steve McGar-y Doug Smith - Excused Jerry Hastings - Excused Mary Haley Jordon Dyer David Stein Joseph Laird P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. Consent Agenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that anyspecific item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the April 17, 2003 meeting Jerry Hastings asked to be excused from the meeting. Ted Whyte moved to approve the consent agenda; Joseph Laird seconded the motion; all voted aye, none opposed. The motion carried. 1 Mike Ricks amended his motion to recommend a Conditional Use Permit for Green Gables II as a Planned Residential Development with the following conditions: 1) Approval of City Staff 2) Meet the requirements of PRD Ordinance 854 3) Comply with Section 6.13 of the Planning & Zoning Ordinance 725 Steve McGary seconded the amended motion; all voted aye, none opposed. The motion carried. 7:10 p.m. Rezone properties from (MDR & HBD) to HDR— 4th East & Barney Dairy Rd — Tom O'Toole Winston Dyer - Declared a conflict with this request and stepped away from the table. Winston asked Ted Whyte to chair the meeting in his absence. Tom O' Toole — Reviewed the property on the overhead screen. He explained the reason for asking for a higher density zone. Tom indicated that the property would be expensive to develop. Only part of the property will be developed as high density. The developers have two proposals under review for this property. The property adjacent to the river is being considered for townhomes in four or six unit buildings. Married housing could allow 420 plus units on the entire property. The Barney Dairy road could be diverted to go through this development. Tom indicated that the property will only develop with rents on the higher end of the rent scale. The plan calls for married housing in the proposed development. Kurt Hibbert — Explained the City's intent to connect Barney Dairy Road with a road through this development. Discussion on the property owned by John Watson. John called the City Clerk before the meeting to remind the Commissioners during this discussion that Walker Avenue on the Southwest corner of this parcel was constructed to accommodate this property. Those in favor of the project: Ray Walker —1270 Barney Dairy Road — Commented on the time frame for the property being developed. It will have a green belt near the river. Ray is in favor of the zone change. Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed. 15 Discussion on the proposal and the density that could result from HDR. Mary Haley - Indicated that a traffic study would be in order. David Stein — Reviewed the property being compliant to multi -family zoning. It fits the layering concept of going from HBD to HDR to MDR to LDRI, etc. Robert Schwartz — Discussed possibilities of building sizes that would result in an HDR Zone. Gary McGary — Reviewed the maximum of 30 units per net acre that could be allowed in an HDR Zone. Tom O'Toole indicated that there are 26 acres in the proposal. The physical limitations on the property will not allow the maximum density of 30 units per net acre. David Stein — Indicated that there is a need to have residential growth near Commercial areas. Ted Whyte — Requested if the applicant would consider MDR2 Zoning which is up to 24 units per net acre with a Conditional Use Permit. Tom O'Toole indicated that there is no possible way to develop the property for less than the HDR request of 30 units per net acre. They want HDR to allow for the development of student housing. John Millar — Reviewed his concerns with the traffic problems that will result from high density housing in this area. He is not recommending denying the HDR request, however, he would desire a fact finding study on the traffic issues. Discussion on the need for a traffic light on 2nd East to allow additional traffic onto 2nd East if this Zone change is approved. Mike Ricks — Commented on the possibility of allowing the MDR2 Zone for this area. He discussed the offer of a ladder truck from the developer to the City of Rexburg for the Fire Department if this zone change was approved. Discussion on John Millar's concerns with the possibility of increased traffic volumes and the positive aspects of the development proposal which include a green belt and the redirection of traffic off Barney Dairy Road. David Stein moved to approve the zone change request from MDR to MDR2; Jordon Dyer seconded the motion; Discussion of the traffic flow problems if the request is approved. All voted aye, none opposed. The motion carried. Discussion on the allowed use of an MDR2 Zone. The size of the buildings allowed in MDR2 would restrict the possibilities for this development. Discussion on allowing a development agreement to restrict density on an existing zone. NO David Stein moved to reconsider the motion to approve the MDR2 Zone for the Tom O' Toole Rezone request that was just passed; Jordon Dyer seconded the motion to reconsider the motion; Discussion on the need to reconsider the motion. All voted aye, none opposed. The motion carried. Discussion on creating a zone change agreement to limit or restrict the allowed density for a parcel in a particular zone change request. Stephen Zollinger - Commented on the need to justify the reason for creating a singular event change to the zone instead of changing the zone. Stephen continued discussion on the proposal for limiting the density in an HDR Zone due to infrastructure problems. If the density is limited in a zone due to an infrastructure problem, the developer can say: "then I will build a better road or bridge to correct the problem". Discussion on approving an HDR Zone while restricting the development or density by a development agreement if there are infrastructure limitations. David Stein moved to approve the Tom O' Toole request to rezone the property from MDR to HDR with the intent of the Planning Commission to limit the development to 24 units per net acre or require a traffic study; Jordon Dyer seconded the motion; Discussion on requiring the bike path and the lower the elevation of buildings near the river. All voted aye, none opposed. The motion carried. Chairman Winston Dyer was excused from the meeting. Winston commented to the Commissioners concerning the next public hearing for George Wilson. He indicated that the next proposal is adjacent to an industrial zone and to have the Commissioners consider the rights that come with a particular zone. Ted Whyte became the Chairman for the meeting. 7:15 p.m. Rezone request from MDR to MDR2 at 355 West 2°d South — George Wilson George Wilson - 630 Taurus Drive — Reviewed the property on the overhead screen. They will only be able to rent to 23 married couples. If left as single rentals he could get more people on the property. George reviewed the properties in the area that have converted from single family units to multi -family units. George indicated that MDR2 zoning would be a good buffer to the Industrial Zoned property to the West of his property. His plan is to build two bedroom apartments for married couples. 17 CITY COUNCIL MINUTES CITY OF REXBURG May 21, 2003 STATE OF IDAHO ) County of Madison j SS. City of Rexburg ) Present were the following: Mayor: Council Members: P&Z Administrator: City Clerk: PFC: City Attorney: Pledge to the Flag 7:30 P.M. Mayor Bruce Sutherland Glen Pond - Excused Shawn Larsen Marsha Bjornn Paul Pugmire Donna Benfield Nyle Fullmer - Excused Kurt Hibbert Blair D. Kay John Millar Stephen Zollinger Mayor Sutherland welcomed the Scouts to the meeting. Consent Calendar: The consent calendar includes items which require formal City Council action, however they are typically routine or not ofgreat controversy. Individual Council members mayask that anyspecific item he removedfrom the Consent calendar for discussion in greater detail. Explanatory%nformation is included in the City Council's agenda packet regarding these items. a. Minutes from the May 07, 2003 meeting b. Approve City of Rexburg bills Donna Benfield moved to approve the minutes with minor changes; Marsha Bjornn seconded the motion; all voted aye, none opposed. The motion carried. Non Controversial Items Added to the Agenda: None 1 Public Hearing• 7:35 p.m. Rezone properties from (MDR & HBD) to HDR— 4' East & Barney Dairy Rd —Tom O' Toole John Millar — Reviewed the property on the overhead screen. The property is located south of the Teton River, north of the Rexburg Canal, west of the Barney Dairy property, and east of the existing development where the District 7 Health property is located. Currently the property is zoned Medium Density Residential (MDR) with a portion of the property zoned Highway Business District (MD). This request is to rezone the property to High Density Residential (HRD). Mayor Sutherland opened the Public Hearing up for public comment. Those in favor of the proposal: Tom O'' Toole — 2270 Canyon View Drive, Layton Utah — Did not intend to develop the property to the maximum density allowed in HDR which is 30 units per net acre. The developer plans to build town homes along the river with higher density married housing between the town homes and Barney Dairy Road. Tom is planning to donate property to the City of Rexburg for the green way development along the river.The development will have a road through the property that will connect with the Barney Dairy Road on the east and Technical Way Street on the west. This road will allow traffic from the development to access 2nd East. They do not plan have three story buildings along the Teton River. Shelia Barney — 546 Barney Dairy Road — Indicated that she is not against the development of this property; however, Shelia is very concerned with the added traffic that will result from this proposal. Ray W. Walker — 1143 Barney Dairy Road — Reviewed the concept of the project that has been in the development stage for about two years. Ray indicated that the project would cost about $20,000,000. It would enhance the tax base for Rexburg according to Ray's testimony. Ray indicated that Tom has been working with the City on the green belt and the road that would service the development. Ray mentioned that a portion of the current section of Barney Dairy road was deeded to the City of Rexburg after the road was constructed by the County. The Walker family donated the property for the road construction after the Teton Dam disaster. Public Testimony was closed. Shawn Larsen — Indicated that the Planning and Zoning Commission recommended this project for approval for HDR Zoning after extensive discussion. 2 Marsha Bjornn — Indicated that there is no guarantee that the developer will build town homes on the properly. Shawn concurred with Marsha's comment indicating that the request is to re-zone the property to High Density Residential instead of a request to review the type of structures that will be constructed on the parcel. Tom O' Toole — Indicated that the developers would make more money on the Townhouses than the multi-family units. They are planning underground parking in the project. There will be about 250 plus married housing units and about 100 Townhouse units. Mayor Sutherland Indicated that once a Zone is approved there is no guarantee that the development will proceed as originally proposed. Paul Pugmire — Asked why the developer would need HDR Zoning or 30 units per acre? The developer is asking the Council to approve 30 units per acre. Paul mentioned that they are not asking the Council to approve a plat or a design. The zone change will stand until a subsequent change is requested by someone. Tom O' Toole - Explained that they need the flexibility to develop buildings that are not allowed in an MDR2 Zone which is for 4 or 6 plexes. Tom indicated that he would need higher density to accommodate the underground parking costs. The developers believe that they can make the project economical with 20 to 24 units per net acre. Paul Pugmire — Reiterated the fact that once a zone is changed a new developer could come in with a different proposal for density. John Millar — Indicated that the density of the Zone will go with the property. High Density Residential (HDR) could accommodate about 300 units to over 600 units per net acre. John discussed the carrying capacity for traffic on 2nd East. This will be a significant impact on the 2nd East traffic. Due to the possible traffic increases on 2nd East, John explained that the Planning and Zoning Commission was desirous to have a traffic study on the proposal. This study would identify the impact to the City of Rexburg concerning traffic flow and traffic volume increases on 2nd East that would be created if this proposal is approved. John indicated that the Comprehensive Plan has multi-family as a land use in this area. Paul Pugmire — Reviewed the Impact Fee proposal that the City of Rexburg is currently investigating. Mayor Sutherland indicated that the Impact Fee study should be completed by the end of June for the City of Rexburg. Stephen Zollinger — Reviewed the Impact Fee proposal for the City of Rexburg. Impact fees can be targeted to offset costs for City Parks and a City Green Belt. 3 Paul Pugmire — Indicated a need to set aside the access to the Teton River frontage for future generations. Paul was concerned with the High Density request and the load that it would put on the land. This request is not right for the land. Paul continued to show concern for the protection of the Teton River and having access to the River set aside for future generations. John Millar — Reviewed the Zoning Designations on adjacent properties that surround this proposal on the overhead screen. Shawn Larsen — Commented on MDR2 Zoning and the purpose for the Zone. Shawn did not want to restrict this request to four-plexes. There might be discussion in Planning and Zoning to adjust the number of units per structure in Medium Density Residential 2 (MDR2) Zoning. Currently, MDR2 is restricted to four or six-plexes. Shawn mentioned that the MDR2 Zone could be changed to allow 24 unit structures. John Millar — Continued to review the surrounding properties. Shawn Larsen — Questioned the option of limiting the number of „nits ;n a Zone for a particular Project. Stephen Zollinger — Mentioned that a development agreement could be used to restrict the number of units in a zone. Donna Benfield — Asked the developer to review the traffic pattern for this development. John Millar — Reviewed the proposed road on the overhead screen. There is an agreement signed by the City to participate in some preparatory work on the road and the bridge over the canal. John discussed the traffic flow from this proposed development to 2nd East. It would end uqp on 2nd East by the Cal Ranch Store. The current road could be a dead end road near the ball fields north of the High School. Marsha Bj ornn — Requested more information concerning the traffic flow for this project from John Millar. John Millar — Discussed the traffic flows and the rush hour traffic that impede 2nd East. John reiterated his desire to have a traffic study for this development. Shawn Larsen — Questioned what direction the City of Rexburg would go if the traffic study showed a problem at Cal Ranch exit onto 2nd East. If there are too many cars accessing 2nd East at this intersection, how will the City of Rexburg proceed? 4 John Millar — Continued to discuss the traffic study option and the need fora traffic light depending on the results of a traffic study. If the traffic study calls for a light at the intersection of Cal Ranch and 2' East, the Council can decide how the traffic light will be funded. The developer may be required to pay for the installation of the traffic light. Discussion on requiring a traffic study before the requested zone change is approved. Paul Pugmire — Discussed the Development Agreement as a means to be able to stipulate the type of development that would be built. Shawn Larsen — Mentioned that the HDR Zone change request could be restricted to the density allowed in an MDR2 Zone (i.e. 24 units per net acre). Stephen Zollinger — Discussed approving a lower density zone for this development. He indicated that MDR2 could be modified to allow larger buildings than six plexes. Stephen recommended changing the MDR2 maximum building size requirement from a six plex up to a 24 plex building. Stephen indicated that the Planning and Zoning Commission intended to allow larger buildings in MDR2 than a six plex in their re -write of the Planning and Zoning Ordinance. Paul Pugmire — Referred to the Comprehensive Plan for allowing this area of the City of Rexburg to be multi -family. Paul indicated that it made sense to have multi -family on some of the parcels in that part of the City. Discussion on limiting the proposed density to an MDR2 Zone. Paul Pugmire — Asked the developer for more input on the discussion and if MDR2 Zoning Would pencil out for the development. Tom O' Toole - Agreed to limit the size of the buildings to 24 units per net acre. He would not make the development work with six plexes as allowed in the current MDR2 Zone. Paul Pugmire — Indicated that a traffic study would be required for this development to move forward. He would not support an HDR Zone for this property. Discussion on the allowed structural size in MDR2 to change from a six unit building to a 24 unit building. Tom O' Toole — Mentioned that the development will contain about 90 Town homes and 250 Apartment units with a mixture of one, two and three bedrooms units for married couples. 5 Discussion on the maximum number of units that may be built if the property was zoned MDR2. Paul estimated a possibility of 340 units with a possibility of 650 cars for the development. Stephen Zollinger — Indicated that the City Council could direct the Staff to rewrite the MDR2 Zoning description to allow larger buildings. Jerry Hastings — Commented on the Planning Commission's concerns with density, size of the Buildings, and the architectural design requirements. Jerry mentioned that it does not make sense to put in a large number of smaller buildings when you can design a nice looking structure to accommodate the same density. Shawn Larsen — Agreed with the discussion that the Planning Commission wanted to increase the size of the buildings in the MDR2 Zone. Donna Benfield — Also, agreed with the discussion to have multi -family housing in this area if the Planning and Zoning Commission recommended it and the Comprehensive Plan indicates that this is an area for multi -family housing. Both Donna and Paul indicated that the traffic study needs to be done for this request. Paul Pugmire — Indicated that he has the greatest respect for the Planning and Zoning Commission and the work that they perform for the Council. The ultimate responsibility falls upon the Council to make the decision. He indicated that the Planning Commission is an Advisory Board to the City Council. Paul Pugmire moved to approve the request to re -zone the property in this request from the Barney Dairy Road on the south to the Teton River on the north and going from the Barney Dairy property on the east to the Technology Way property on the west as MDR2 Zoning; Contingent upon (1) The subsequent approval of the City Council of the structural size restrictions in MDR2 Zoning as rewritten by the Staff and (2) The completion of a traffic study; the results of which will be binding on the developer relative to the traffic impact of the development; Shawn Larsen seconded the motion; Discussion on suspending the rules to pass the MDR2 Zoning structure size at the next City Council meeting; all voted aye, none opposed. The motion carried. The City Council directed Stephen Zollinger to rewrite the MDR2 Ordinance to modify the structural size of the buildings that are allowed by right. Paul Pugmire — Commented that density is the issue in this request. Paul indicated that architectural review standards are needed for the City of Rexburg. Marsha Bjornn — Thanked the developer for donating property to the green belt for the City. 0